Illinois Court Denies Insurer Claim That Boys’ Deaths Were Single Event

February 5, 2009

  • February 5, 2009 at 5:24 am
    KOB says:
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    Were these two boys friends? Is it likely that they went to the site together? If one fell, got trapped and died, but the other fell, twisted his ankle, but was able to get out, wouldn’t it be one occurrence and doesn’t matter when they actually died? We do not determine occurence by the time of death, but by the accident causing the injury. If a person dies 3 days later after an accident, the injury date is the date of acc., not the date of death. I disagree with the ruling.

  • February 5, 2009 at 6:11 am
    Another question says:
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    And why were they not missed & sought after if they had time to be stuck in the mud and sand and died of hypothermia in May???

  • February 6, 2009 at 8:57 am
    Dan says:
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    While it doesn’t say that the two boys were playing together, it’s safe to presume they were. Regardless of who died first and from what, their adventure was a single occurence; their deaths were two events. The policy is written on an occurence basis, not event. The WTC attacks were a single occurence in spite of two planes/events. That’s why the courts found for single occurence. This is a manufactured decision by a local judge who wanted to allow the families to get access to more money.

  • February 6, 2009 at 1:45 am
    Fred Hilpert says:
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    I do not understand the term “occurance”. I do not understand “time and space test”.

    What I do understand — how much money do my relatives get when I die.

    What I do understand — Am I prevented from accessing the property.

    All parties in this specific case (two accidental deaths) are missing the point.

    – How do we learn from these deaths to prevent future deaths.
    – How do we (society) help/insure this property owner provides and maintains the required property denial system.



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